Article 70 of the Personal Information Protection Law clearly establishes the system of civil public interest litigation for personal information, but it does not specify corresponding civil liabilities. Traditional compensatory damages are difficult to align with the value goals and functional needs of civil public interest litigation involving personal information, and cannot effectively protect social information interests. In contrast, the punitive damages system, which is grounded in the pursuit of public interest, can be more effectively integrated with civil public interest litigation concerning personal information to better protect societal interests, sanction infringing conduct, and deter potential future violations, thereby ensuring both legitimacy and necessity. When constructing the system, it is essential to approach it from both positive and negative perspectives, uphold the concept of public interest, and grant the plaintiff in public interest litigation an independent right to seek punitive damages. At the same time, to prevent the excessive application of punitive damages, its application should be restricted by cases meeting specific criteria, such as subjective intent and the severity of the circumstances.
Qiancheng Zhou (Mon,) studied this question.
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